Legal analysis: Failure to repay overdue credit card overdrafts is a breach of contract. The bank can require the cardholder to repay the principal as well as overdue interest, late payment fees, over-limit fees, etc.; if the bank sues in court and wins the case , the cardholder will also have to bear the litigation costs. Secondly, if the cardholder maliciously overdrafts to a certain amount for the purpose of illegal possession and fails to repay the amount overdue, this constitutes a crime of credit card fraud and he will also bear criminal liability.
Legal basis: "Credit Card Business Management Measures"
Article 36 Credit cards can only be used by the legal cardholder himself, and the cardholder is not allowed to rent or lend the credit card or its account.
Article 67 If a cardholder violates the provisions of these Measures by renting or lending a credit card or its account, in addition to being ordered to make corrections, he or she will be fined 5 but not less than the amount incurred in renting or lending the account. A fine of RMB 1,000 shall be imposed and his illegal gains shall be confiscated.
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: For the purpose of illegal possession, the cardholder exceeds the prescribed limit or overdrafts within the prescribed period, and the cardholder exceeds the limit after two calls for collection by the card issuing bank. If it is not returned within 3 months, it shall be deemed as a "malicious overdraft"